Darbrinsky v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 137, Oct. T., 1914, by plaintiff, from judgment of C. P. Lawrence Co., Dec. T., 1910, No. 95, refusing to take off nonsuit, in case of Lena Darbrinsky v. The Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s minor son. Before Porter, P. J. The opinion of the Supreme Court states the facts. See Darbrinsky v. Pennsylvania Co., 247 Pa. 177. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off.
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Appeal, No. 137, Oct. T., 1914, by plaintiff, from judgment of C. P. Lawrence Co., Dec. T., 1910, No. 95, refusing to take off nonsuit, in case of Lena Darbrinsky v. The Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s minor son. Before Porter, P. J. The opinion of the Supreme Court states the facts. See Darbrinsky v. Pennsylvania Co., 247 Pa. 177. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Dissent
Dissenting Opinion by
Mr. Justice Mestrezat:
This is an action brought by a mother to recover damages for the death of her son. Ignotto Darbrinsky and his ten year old son, Harry, were killed on December 13, 1909, as the result of a collision of a wagon, driven by the father, with the defendant’s train at a grade crossing in Lawrence County. At the time of the accident the son and his elder brother were sitting in this rear of the wagon. Lena Darbrinsky, the widow of Ig*510notto and the mother of Harry, brought suits for the death of her husband and son and it clearly appeared on the trial that the…
2Cases cited14 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Louisville, New Albany & Chicago Railway Co. v. CreekIndiana Supreme Court · 1892
- Deni v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877
- Donk Bros. Coal & Coke Co. v. LeavittAppellate Court of Illinois · 1903
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